Abstract

BARZOTTO, LUIS FERNANDO. THE GUARDIAN OF THE C ONSTITUTION: ELEMENTS FOR AN E PISTEMOLOGY OF DEMOCRACY. Díkaion [online]. 2010, vol.19, n.2, pp.427-446. ISSN 0120-8942.

This article aims at providing an epistemological justification for both democracy and the constitutional jurisdiction of constitutional courts ("the guardian of the constitution") by means of the examination of the peculiar way in which truth is disclosed in political judgment, namely as opinion. Starting with an analysis of opinion, the article intends to demonstrate the tragical nature of democracy: on the one side, it cannot dispense with truth; on the other it cannot be safe of being in truth.

Keywords : Democracy; Constitutional Court; Supreme Court; deliberation; judicial review.

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